Right of Publicity Litigation
Intellectual Property and Technology | Right of PublicityWe prosecute and defend right of publicity claims in state and federal courts, addressing unauthorized commercial use of name, image, and likeness.
Overview
Litigating Identity Rights Disputes
When right of publicity disputes cannot be resolved informally, litigation provides remedies for both talent whose rights have been violated and defendants facing unwarranted claims. Our Right of Publicity Litigation practice handles disputes in courts nationwide.
Plaintiff Representation
We represent talent asserting claims for unauthorized commercial use of their identity. We prove the elements required under applicable state law—protected identity aspects, commercial use, lack of consent, and damages. We seek injunctive relief stopping ongoing violations and damages for past misuse.
Defense Representation
We defend against right of publicity claims for advertisers, publishers, and others. We develop First Amendment defenses for newsworthy, editorial, and transformative uses. We challenge elements of plaintiff's claims and minimize exposure when liability exists.
State Law Complexity
Right of publicity law is state-specific, creating complexity in multi-jurisdictional matters. We analyze applicable state law, consider forum selection strategy, and address choice of law issues. We understand the varying elements and defenses across jurisdictions.
Constitutional Defenses
First Amendment protections limit publicity rights. We develop defenses based on newsworthiness, transformative use, and public interest. We distinguish protected commentary from actionable commercial exploitation.
Damages Analysis
Publicity rights damages can be substantial. We work with economists to value unauthorized use, prove damages, or challenge inflated claims. We analyze comparable licensing deals and market evidence.
Injunctive Relief
Stopping ongoing violations often matters more than damages. We pursue preliminary and permanent injunctions preventing continued unauthorized use.
Our Services
right_of_publicity
Federal registration and validity opinions
litigation
Federal registration and validity opinions
intellectual_property_litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Generally: protected identity aspect, commercial use, lack of consent, and damages. Specific elements vary by state law.
Fair market value of unauthorized use, defendant's profits from use, and potentially statutory damages, punitive damages, or attorneys' fees depending on state law.
First Amendment protection for newsworthy and transformative uses, consent, statute of limitations, and challenges to protected identity elements.
Yes, preliminary and permanent injunctions are available to stop ongoing unauthorized use. Injunctive relief is often the most valuable remedy.
Forum selection considers applicable state law, defendant location, and strategic factors. Both state and federal courts have jurisdiction.
Timelines vary by court and complexity. Cases may resolve quickly through preliminary injunction or take years if fully litigated.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
